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Sec. 3 CRIMINAL JUSTICE ACT, 1993
Appeal on point of law to Supreme Court.
Appeal on point of law to Supreme Court.
Appeal on point of law to Supreme Court.
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3.—(1) An appeal shall lie to the Supreme Court by the convicted person or the Director of Public Prosecutions from the determination of the Court of Criminal Appeal of an application under section 2 if that Court, the Attorney General or the Director of Public Prosecutions certifies that the determination involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.
(2) The Supreme Court may, for the purposes of its decision on such an appeal, either—
(a) remit the case to the Court of Criminal Appeal to deal with, or
(b) deal with it itself and for that purpose exercise any powers of that Court,
and that Court or the Supreme Court, as may be appropriate, may, if necessary, quash any sentence imposed by the Court of Criminal Appeal and in place of it impose on the convicted person such sentence as it considers appropriate, being a sentence which could have been imposed on him by the sentencing court concerned.